Family law
Legal norms versus behavioural norms in family law.
In family law, it is essential to understand both behavioural norms and legal norms, as well as their relationship to one another. Behavioural norms refer to what is considered appropriate in society, arising from beliefs, traditions and customs, while legal norms are the enforceable rules of law. These two types of norms play a crucial role in safeguarding the interests of both parents and children.
An important example in family law is the legal obligation for parents to promote the relationship between their child and the other parent, even after a divorce. This norm is laid down in both the Netherlands and Curaçao and the BES islands in Article 1:247 paragraph 3 of the Civil Code (BW), which states that parents are responsible for developing the bond between their child and the other parent. Failure to comply with this obligation may lead to legal consequences, such as sanctions or adjustments to contact arrangements.
In addition to legal norms, there are behavioural norms that play an important role in interactions between parents. Behavioural norms are often not laid down by law, but are nevertheless expected in a healthy co-parenting relationship. An example is the norm that parents should communicate with each other respectfully. Although this behavioural norm is essential for positive contact, in practice it is often difficult to enforce it legally. In the event of insufficient compliance, a judge may decide to intervene, for example by referring parents to mediation.
In family law, behavioural and legal norms can complement each other, but they can also conflict. Legal norms provide the foundation and ensure enforceability, while behavioural norms contribute to a harmonious family situation, which is in the child's best interests. The combination of both is crucial for good parenting after a divorce.
When making decisions, judges take both legal and behavioural norms into account. They apply legal rules to create clear frameworks, but also base their judgment on behavioural norms in order to assess whether parents are able to act together in the interests of their child. This shows that behavioural and legal norms are closely interconnected in family law.
If you notice that behavioural or legal norms are under pressure due to conflicts, mediation can be an effective solution. It prevents a lengthy legal battle and helps you and your children move towards a positive future. Contact the experienced family mediators at Hoek & Steen today and discover how mediation can contribute to a peaceful, respectful co-parenting relationship.
The accompanying photo beautifully illustrates the mix of behavioural and legal norms: the man in a suit with shorts underneath symbolises the balance between the formal and the informal, reminding us that it is important to take both aspects into account in our interactions with one another. The photo also illustrates a situation in which no legal norm is violated, but a behavioural norm is.
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